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Canada Cottage, La Grande Route de Rozel, St Martin JE3 6AP: Appeal Decision #2

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made on 12 July 2019

Decision Reference:  MD-PE-2019-0061

Application Reference: P/2018/1758

Decision Summary Title:

Appeal Decision – Canada Cottage #2, La Grande Route de Rozel, St Martin

Date of Decision Summary:

04 July 2019

Decision Summary Author:

Principal Policy Planner – Strategic Policy, Performance & Population

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

Inspector’s Report-  Canada Cottage #2

Date of Written Report:

Undated

 

Written Report Author:

N McGurk BSc(Hons), MCD, MBA, MRTPI

Planning Inspector

Written Report :

Public or Exempt?

Public

Subject: Appeal under Article 108 of the Planning and Building (Jersey) Law 2002 against a decision to grant planning permission for; “Construct two storey extension to South-West elevation of main house. Various external alterations” at Canada Cottage, La Grande Route de Rozel, St Martin JE3 6AP.

 

Decision:

The Minister dismissed the appeal and granted planning permission subject to the following conditions:

 

  1. The development shall commence within three years of the decision date.

Reason: The development to which this permission relates will need to be reconsidered in light of any material change in circumstance. 

 

B.  The development hereby approved shall be carried out entirely in accordance with the plans, drawings, written details and documents which form part of this permission.

 Reason: To ensure that the development is carried out and completed in accordance with the details approved.

 

Conditions:

1. No part of the development hereby permitted shall be begun until details in respect of the following matters have been submitted to and approved in writing by the Department of the Environment. These works shall thereafter be carried out in full in accordance with such approved details:

i)  A final specification of all external materials for the buildings, including roof slates/tiles and rainwater goods;

ii) Final details for the construction of the dormer windows for the house and outbuilding;

iii) Joinery details for all other new windows and doors for the house and the outbuilding;

iv) Details for the hard-surfacing of the proposed parking area.

 

2. No part of the development hereby permitted shall be begun until an Ecological Assessment of the site has been submitted to and approved in writing by the Department of the Environment. The Ecological Assessment shall be undertaken by a suitably qualified person and to a methodology to be first agreed in writing by the Department of the Environment.  All mitigation and /or compensation measures shall be carried out in full and in accordance with the recommendations of the Ecological Assessment.

 

3. Prior to the first use of the courtyard for the purposes of car-parking / vehicle manoeuvring, a suitable screen wall or fence shall be erected along the northern boundary of the site, to the rear of the property. Details of such screen shall be submitted to and approved in writing by the Department prior to implementation.

 

Reasons:

1. These details are not included in the application and are required to be submitted and agreed by the Department of the Environment to ensure that special regard is paid to the interests of protecting the architectural and historical interest, character and integrity of the building or place, in accordance with Policies SP4, HE1, HE2, HE5 of the Adopted Island Plan 2011 (Revised 2014).

 

2. To ensure the protection of all protected species in accordance with Policies NE1, NE2 and NE4 of the Adopted Island Plan 2011 (Revised 2014).

 

3. In the interests of protecting the reasonable amenities of the residents of the adjacent dwelling in accordance with Policy GD1 of the 2011 Island Plan (revised 2014).

 

Reason for Decision:

The Minister agreed with the recommendation of the Inspector and also considered that the likely intensification of use of the courtyard area would give rise to a potential loss of privacy and general disturbance to the residents of the adjacent dwelling.

Resource Implications:

None

Action required:

Request the Judicial Greffe to inform interested parties of the decision.

Signature:

 

 

 

Deputy John H Young

Position:

 

 

 

Minister for the Environment

Date Signed:

 

 

 

 

Date of Decision (If different from Date Signed):

 

 

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